Point of Law: Section 319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person(s) not being an accused at any stage during trial i.e., before conclusion of trial to summon such person to face trial in ongoing case, once trial Court finds that there is some evidence against such a person on basis of which evidence, it can be gathered that such a person(s) appears to be guilty of offence.

JUDGMENT :

Heard Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. A. T. Sarkar, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent No.1.

None has appeared for the respondent No.2, though the notice on respondent No.2 was duly served.

2. This is a Criminal Revision Petition filed under Section 397 readwith Section 401 of the Code of Criminal Procedure, challenging the order dated 13.06.2018, passed by the learned Chief Judicial Magistrate, Dhubri in G.R. Case No.5139/2015, arising out of Dhubri P.S. Case No.1399/2015, under Sections 498(A)/34 of the Indian Penal Code, whereby summons have been issued to the petitioners in exercise of power under Section 319 of the Cr.P.C.

3. The facts leading to filing of the instant Criminal Revision Petition, briefly stated, are as follows:

The respondent No.2 had filed an FIR dated 05.11.2015, before the Officer-in-Charge, Dhubri Police Station against the petitioners herein as well as against her husband, Shahnawaz Hassan (Rubul), alleging of dowry demand and the cruelty meted out to her by the accused persons named therein, for failure to fulfil their dowry demand. In the FIR filed, it was stated that on 13.10.2014, the respondent No.2 was married to the accused No.1, Shahnawaz Hassan (Rubul) as per Muslim Shariat and by executing Kabin Nama. At the time of marriage, a Pulsar Bike, steel and wooden furnitures, golden ornaments and also other essential articles were given to him as dowry. However, after few days of marriage, her husband, Shahnawaz Hassan@Rubul, instigated by the other family members demanded Rs.2,00,000/-as dowry and started to torture her mentally and physically. She, however, continued the conjugal life tolerating all the atrocities committed on her and in due course of time, she became pregnant. Thereafter also, the accused persons again demanded Rs.2,00,000/-as dowry. When she failed to pay the aforesaid amount, the accused person, with a view to miscarriage her pregnancy on 15.10.2015, at around 10.00 PM forcefully administered a tablet(medicine) upon her against the will. Thereafter, on 25.10.2015, at around 2.00 PM, the accused person assaulted and drove her out of the house. Finding no alternative she came to her mother’s house.

4. On the basis of the aforesaid FIR, Dhubri P.S. Case No.1399/2015 was registered on 05.11.2015, under Sections 120(B)/498(A)/313/307/325/506 of the IPC. On completion of the investigation, charge-sheet dated 29.02.2016 was filed before the learned Chief Judicial Magistrate, Dhubri against the husband of the respondent No.2, namely, Shahnawaz Hassan@Rubul under Section 498(A) of the IPC. The remaining accused persons, however, was not charge-sheeted. The Investigating Officer has tendered as many as 12(twelve) witnesses including the victim/respondent No.2, in support of the case of the prosecution. After the cognizance of the offence was taken by the learned Chief Judicial Magistrate, Dhubri, the statement of as many as 9(nine) prosecution witnesses have been recorded.

5. P.W-9 is the respondent No.2/victim/informant, whose statement was recorded on 13.06.2018, annexed as Annexure-3 series to the Revision petition. The deposition of the P.W-9 recorded, are in the following manner, which is reproduced hereinbelow:

“...THE DEPOSITION OF PW-9 aged about 21 years taken in oath affirmation under the provision of the Indian Oath Act. X of 1978 before me, this 13th day of June 2018

My name is Mislana Mahfuz daughter of Mofizur Rahaman Sarkar wife of Sahanaz Hassan residing at Chagolchara Part-3, Police Station-Dhubri, DistrictDhubri, where I am a student of Six Semester B.A

On oath

I am the informant of this case. Ext-1 is the ejahar lodged by me and Ext-1(1) is my signature. I lodged ejahar against my husband named Sahahnaz Hassan other six family members of my husband. On-13/10/2014, my marriage was solemnized with the accused named Sahanaz Hassan by executing Kabinnama and I started